Eligibility

If you become permanently incapacitated (physically or mentally) for performance of your duties as the natural and proximate result of a disability sustained in such service, not caused by your own willful negligence, you may be eligible for this benefit regardless of the amount of service credit you have.

Notice of Occurrence

You must file an application for a performance of duty disability retirement benefit within one year of the alleged incident or occurrence. Otherwise, you must have filed a written notice of the incident or occurrence with:

• NYSLRS, within 90 days of the incident or occurrence; or
• Your employer, within 30 days of the incident or occurrence.

The written notice must detail the time and place of the incident or occurrence, the particulars thereof, the nature and extent of your injuries and the alleged incapacity.

The Benefit

If approved, your benefit will be 50 percent of your FAE, plus an annuity based on any voluntary contributions you may have made and the interest they earned. Mandatory contributions made by Tier 5 and 6 members are not annuity savings contributions, and Tier 5 and 6 members do not receive annuities based on those contributions. The performance of duty disability benefit is not reduced by any workers’ compensation benefit you may be eligible to receive.

Filing

You can file a performance of duty disability retirement application yourself, or your employer may file, or someone may be authorized to file on your behalf. For example, your attorney, a power of attorney (POA), or a court-appointed guardian who has been granted authority by the court may file.

To file for this benefit, submit an Application for Police & Fire Retirement for Disability Incurred in Performance of Duty (RS6442). You must also select a pension payment option for the payment of your disability benefits. The pension payment option election form must be completed by you (the member who is filing), however your spouse may file this form if you are incompetent.

If you are eligible, applications for ordinary disability, accidental disability, performance of duty disability and regular service retirement benefits may be submitted simultaneously. However, your application for performance of duty disability must be submitted while you are in service or within two years of your discontinuance from service. The law defines “in service” as:

• Being paid on the payroll;
• On an authorized medical leave of absence for up to two years (which may be extended for an additional two years); or
• Receiving workers’ compensation or other similar employer-funded benefits for up to two years since last being paid on the payroll, as long as you have not resigned or been terminated from employment while receiving those benefits.